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Malpractice Cap Rejected As Senseless In New York

Posted By Regan Zambri & Long || 16-Mar-2011

Posted by: Salvatore J. Zambri, founding member and senior trial attorney.             

The New York Times (3/16, Kaplan) reports that the two "houses of the State Legislature passed budgets on Tuesday that rejected  crucial provisions of Gov. Andrew M. Cuomo’s overhaul of Medicaid … drawing sharp battle lines with the governor two weeks before the deadline to pass a spending plan." The Assembly’s plan "rejects a cap on damages for pain and suffering in medical malpractice lawsuits, which was a key provision sought by hospitals to offset a sharp reduction in Medicaid financing from the state." The plan from the Senate includes a damages cap.  Cuomo "did not comment after the budget votes."

We congratulate the New York State legislature for recognizing that an artificial cap has no place in American society.  The civil justice system, by the power of the Constitution, allows a patient who has been injured by a medical error to receive full and fair compensation for the patient’s harms and losses.  Governments should not arbitrarily set values of claims.  The extent of a patients harms and losses are rightfully assigned by citizens after they hear and view all of the relevant evidence.

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About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington’s best–most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2011)–a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com.

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